Divorce papers are on their way, but

North Carolina Divorce Law Divorce and Separation Answers
1

Sorry for the long story, but I think it is important to know the back ground. On October 11th 2011 we had our separation papers finalized. My wife just informed me that the divorce papers are on their way from the state of North Carolina. I was perplexed that she went forward to get the divorce papers, as we had been living together since about two weeks ago, when I had shoulder surgery and moved into a rehab facility. In my opinion we did not fulfill the requirement that we had to live one year apart to have a divorce granted, while in all actuality it was only two weeks. In addition, through some tricks, the division of property as described in the separation was not met. She basically stole my share of the property.

I was in a severe boating accident, 7 broken vertebra, 4 broken ribs and a busted shoulder. I recently underwent surgery on my back and shoulder,I am currently in a rehab facility and receive OT and PT in this facility. During the past year I was heavily medicated, and therefore relied on her to make the decisions. Just weeks ago, I realized that she tricked me in buying expensive cars. She maxed out my credit cards, and is in the process of selling my boat, which in the asset distribution was given to me (she got the house). Just last week while I was in rehab, she told me that I wasn’t welcome back in the house, just 24 hours before I was supposed to go home. Since then I live from day to day, not knowing where I will be the next day. So far the Rehab center has extended my stay day buy day, every day wondering if the insurance is going to cover me for a few more days. My question is; How can I go after her for stealing my part of the property distribution? I have witnesses, my sons are willing to testify what she did, and how she tricked me.

2

If you are living together, she does not have the right to just kick you out unless you maintain a separate residence. Once you maintain your own residence, she does not have to let you back, but going to a rehab facility is not the same thing as establishing your own residence. Based on what you have told me, it sounds like you entered a separation agreement, but then reconciled and moved back in together. If that is the case, you should read your agreement and determine what parts are still valid and what if anything was voided by the reconciliation. It sounds like she is trying to argue that even if you were living together, you did not reconcile even if you had moved back in. You should have a consultation with an attorney in your area to relay all of your facts and determine what to do and whether you need to contest the divorce proceedings and/or file claims for equitable distribution or alimony based on her actions and the validity of the separation agreement.